European Communities (Recognition of Qualifications In Pharmacy) Regulations, 1987

• Jurisdiction: Ireland
• Year: 1987
• Citation: IR SI 239/1987

S.I. No. 239 of 1987.

EUROPEAN COMMUNITIES (RECOGNITION OF QUALIFICATIONS IN PHARMACY) REGULATIONS, 1987.

The Minister for Health, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby makes the following Regulations:— 1. These Regulations may be cited as the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987. 2. (1) In these Regulations:—

"the Council of the Society" means the Council of the Pharmaceutical Society of Ireland;

"Council Directive 85/432/EEC" means the Council Directive so numbered and adopted by the Council of the European Communities on the 16th day of September 1985 and published in the Official Journal of the European Communities Volume 28 No. L253 dated 24 September 1985;

"Council Directive 85/433/EEC" means the Council Directive so numbered and adopted by the Council of the European Communities on the 16th day of September 1985 and published in the Official Journal of the European Communities Volume 28 No. L 253 dated 24 September 1985;

(2) In these Regulations, words and phrases shall have the same meaning as in the Council Directives referred to in paragraph (1). 3. The Pharmacy Act (Ireland), 1875 (38 & 39 Vict. c. 57) is hereby amended—

( a ) by the addition in section 3 of the following definitions—

"the term "Council Directive 85/432/EEC" means the Council Directive so numbered and adopted by the Council of the European Communities on the 16th day of September, 1985 and published in the Official Journal of the European Communities Volume 28 No. L 253 dated 24 September 1985;

the term "Council Directive 85/433/EEC" means the Council Directive so numbered and adopted by the Council of the European Communities on the 16th day of September 1985 and published in the Official Journal of the European Communities Volume 28 No. L 253 dated 24 September 1985;

the term "the period of the Greek derogation" means the period during which the Hellenic Republic makes use of the derogation provided by paragraph 1 of Article 3 of Council Directive 85/433/EEC."

( b ) by the insertion of the following new section after section 22—

"22A (1) Every person, being a national of a Member State of the European Economic Community, on making the prescribed application and on paying the prescribed fee and who at the time of such application holds any diploma, certificate or other evidence of formal qualification in pharmacy awarded in accordance with article 2 of Council Directive 85/432/EEC and specified in Schedule 2 to this Act shall be entitled under this Act to be registered as a pharmaceutical chemist.

(2) Every person, being a national of a Member State of the European Economic Community, on making the prescribed application and on paying the prescribed fee and who at the time of such application holds a diploma, certificate or other evidence of formal qualification in pharmacy referred to in Article 6 of Council Directive 85/433/EEC and in respect of whom a certificate has been issued by a competent authority designated in accordance with Article 17 of the said Council Directive stating that he has been effectively and lawfully engaged in one of the activities (being an activity which is regulated in that State) referred to in paragraph 2 of Article 1 of Council Directive 85/432/EEC in a Member State for at least three consecutive years during the five years preceding the award of the certificate, shall be entitled under the Act to be registered as a pharmaceutical chemist.

(3) Where by virtue of this section a name is registered, an indication that the name has been registered pursuant to this section shall be entered in the register against that name.

(4) Where at any time during the period of the Greek derogation, the name of any person is registered in respect of the qualification specified in paragraph 5 of Schedule 2 to this Act or in respect of any other qualification in pharmacy awarded in the Hellenic Republic—

(i) an indication that the registration is subject to the provisions of this subsection shall be entered in the register against that name; and

(ii) the registration shall not authorise the person whose name is registered to do anything for which registration is required by any provision made by or under the Pharmacy Acts 1875 to 1977, the Misuse of Drugs Acts, 1977 and 1984 or the Poisons Acts, 1961 and...